Claim of Smith

Decision Date12 November 1992
Citation187 A.D.2d 835,590 N.Y.S.2d 767
PartiesIn the Matter of the Claim of Wilfred E. SMITH, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent.
CourtNew York Supreme Court — Appellate Division

Wilfred E. Smith, New York City, appellant in person. Robert Abrams, Atty. Gen. (Frederick M. Paola, of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 11, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Claimant testified that he resigned because the high temperature in the office where he worked made him ill. He also testified that he complained to his superiors about the working conditions but admitted that he never asked for a transfer. There is substantial evidence in the record to support the conclusion by the Unemployment Insurance Appeal Board that claimant voluntarily left his employment without good cause by not requesting a transfer or fully pursuing all possible courses of action before resigning (see, Matter of Steed [Roberts], 115 A.D.2d 166, 495 N.Y.S.2d 491). In addition, claimant also admitted that he...

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